criminal trespass in the third degree
A person is guilty of arson in the first degree when the person intentionally damages a building by starting a fire or causing an explosion and when: (1) The person knows that another person not an accomplice is present in the building at the time; or. 1, 82 Del. Material, including hardware, cables, tools, data, computer software or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture of an unlawful telecommunication or access device. (1) A dwelling means a building which is usually occupied by a person lodging therein at night but shall not include a mobile home as defined in 7003(12) of Title 25. Theft of computer services. February 27, 2023 By scottish gaelic translator By scottish gaelic translator (3) Health-care fraud is a class B felony if the elements of subsection (a) of this section are met and if: a. 925. 1, 59 Del. An offense under this section may be deemed to have been committed at either the place where the defendant manufactures or assembles an unlawful telecommunication or access device, or assists others in doing so, or the places where the unlawful telecommunication or access device is sold or delivered to a purchaser or recipient. A person commits the crime of criminal trespass in the third degree if Burglary in the third degree is a class D felony. WebBurglary Third Degree (Dwelling) The defendant is charged with burglary in the third degree. Laws, c. 133, Coin or currency of the United States or any other country; c. Investment or negotiable instruments, in bearer form or otherwise in such form that title thereto passes upon delivery. Property in possession of the actor shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement. 802. 9, 60 Del. Laws, c. 106, Payment card includes any instrument or device, whether known as a credit card, credit plate, bank service card, banking card, check guarantee card, electronic benefits transfer (EBT) card, or debit card or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services, or anything else of value on credit, by the withdrawing of funds from a deposit account, or through the use of value stored on the card. (2) If the property or computer services are unrecoverable, damaged or destroyed as a result of a violation of this subpart, the cost of reproducing or replacing the property or computer services at the time of the violation. Criminal trespass in the first degree; class A misdemeanor. (1) That one who has leased or rented the personal property of another, failed to return or make arrangements acceptable to the rentor (lessor) to return the property to the rentor or the rentors agent within 10 days after proper notice, following the expiration of the rental (lease) contract; and/or, (2) That one who has leased or rented the personal property of another and has returned such property, failed to make payment, at the agreed rental rate, for the full period which the property was rented or leased, except when said person has a good faith dispute with the owner of the rental property as to whether any payment, or additional payment, is due to the owner of the rental property; and/or. (1) Access means to instruct, communicate with, store data in or retrieve data from a computer, computer system or computer network. Definition of issues and passes.. 840. For an offense that was committed pursuant to paragraph (a)(3) of this section and the deadly weapon was a firearm, and within 7 years of the date of a previous conviction for robbery in the first degree or if the conviction is for an offense that was committed within 7 years of the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for robbery in the first degree, whichever is the later date. (2) Manufacture or assembly of unlawful telecommunications device. Laws, c. 126, Any disclosure made to a collection agency or person designated by the videotape distributor for the purpose of collecting an unreturned videotape or an amount equal to the value of the unreturned videotape; or. A person is guilty of receiving stolen property if the person intentionally receives, retains or disposes of property of another person with intent to deprive the owner of it or to appropriate it, knowing that it has been acquired under circumstances amounting to theft, or believing that it has been so acquired. Examples of the Crime There are many different examples of criminal trespass in the third degree. (4) Telecommunication service. Possession of burglars tools or instruments facilitating theft; class F felony. 1, 60 Del. All other forgery under this paragraph (b)(4) is forgery in the second degree, a class G felony. Web(1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another. 2, 3, 64 Del. (b) The defendant may be found guilty of theft if the defendants conduct falls within any of the sections defining theft. (e) Definitions relating to subsection (d) of this section. Destruction of computer equipment. Vehicle prowling in the second degree. Fraud in insolvency; class A misdemeanor. (13) Person means a natural person, corporation, trust, partnership, incorporated or unincorporated association and any other legal or governmental entity, including any state or municipal entity or public official. The Court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required. Laws, c. 260, Find the best ones near you. (c) For purposes of this section the word ticket shall mean any admittance, receipt, entrance ticket or other evidence of a right to be admitted to an event or exhibit. Issuance of bad check by employee as affirmative defense. (7) Notifies any other person that the other person has won a prize, received an award or has been selected or is eligible to receive anything of value if the other person is required to respond through the use of a 900 service telephone number or similar service number. (b) Reckless burning or exploding shall be punished as follows: (1) Where the total amount of pecuniary loss caused by the burning or exploding, when totaled for all victims, is less than $1,500, such burning or exploding shall be a class A misdemeanor. (a) A person is guilty of criminal impersonation of a member or veteran of the United States Armed Forces when he or she intentionally, and without lawful authority, impersonates or otherwise holds himself or herself out to be a veteran or member of the United States Armed Forces or to hold oneself out to have an unearned rank in the United States Armed Forces with the purpose of obtaining money, property, or other tangible benefit. Theft of rented property is a class A misdemeanor, unless the value of the property is $1,500 or more, in which case it is a class G felony. e. A prescription of a duly licensed physician or other person authorized to issue the same for any drug or any instrument or device for which a prescription is required by law. 13, 77 Del. (a) A person is guilty of possession of shoplifters tools or instruments facilitating theft when the person possesses any tool, instrument or other thing adapted, designed or commonly used for committing or facilitating: (2) Offenses involving the overriding, disabling or evading of a security device without authorization. (a) A person commits identity theft when the person knowingly or recklessly obtains, produces, possesses, uses, sells, gives or transfers personal identifying information belonging or pertaining to another person without the consent of the other person and with intent to use the information to commit or facilitate any crime set forth in this title. Criminal impersonation of a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police; class E felony, class C felony. Motor vehicle as used in this section shall not include any device that is included within the definitions of moped, off-highway (OHV), triped, motorized scooter or skateboard, motorized wheelchair or electric personal assistive mobility device (EPAMD) as defined in 101 of Title 21. Any unauthorized reproduction or copy of intellectual property. In addition, knowledge that property has been acquired under circumstances amounting to theft shall be presumed in the case of a person or dealer who acquires it for a consideration, when such property consists of traffic signs, other traffic control devices or historical markers and the acquisition is not accompanied by a written authorization for the propertys disposition from the Department of Transportation, Department of State or other entity which owns the property. Laws, c. 46, (c) Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. 3, 69 Del. 824. Upon conviction of a defendant under this section, the court may, in addition to any other sentence authorized by law, direct that the defendant forfeit any unlawful telecommunication or access devices in the defendants possession or control which were involved in the violation for which the defendant was convicted. (b) Any person wilfully concealing unpurchased merchandise of any store or other mercantile establishment, inside or outside the premises of such store or other mercantile establishment, shall be presumed to have so concealed such merchandise with the intention of converting the same to the persons own use without paying the purchase price thereof within the meaning of subsection (a) of this section, and the finding of such merchandise concealed upon the person or among the belongings of such person, outside of such store or other mercantile establishment, shall be presumptive evidence of intentional concealment; and if such person conceals or causes to be concealed such merchandise upon the person or among the belongings of another, the finding of the same shall also be presumptive evidence of intentional concealment on the part of the person so concealing such merchandise. (a) A person is guilty of unlawful use of a payment card when the person uses or knowingly permits or encourages another to use a payment card for the purpose of obtaining money, goods, services, or anything of value knowing that: (1) The card is stolen, forged or fictitious; or, (2) The card belongs to another person who has not authorized its use; or, (3) The card has been revoked or canceled; or. b. 847. 1, 70 Del. 2. (5) Pattern of presenting or causing to be presented means 3 or more instances of conduct that constitute presenting or causing to be presented fraudulent health-care claims. 1, 72 Del. Shoplifting is a class G felony when the goods, wares or merchandise shoplifted are of the value of $1,500 or more, or when the goods, wares or merchandise shoplifted are from 3 or more separate mercantile establishments and were shoplifted in the same or continuing course of conduct and the aggregate value of the goods is $1,500 or more. WebGrading of criminal attempt, solicitation and conspiracy. 821. A first offense by an individual involving a single written instrument under this paragraph (b)(4) is forgery in the third degree, a class A misdemeanor. Web(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property. (6) Uses any instrument whatsoever, credit slips or chose in action to obtain any goods, wares or merchandise with intent to appropriate the same to the use of the person so taking or to deprive the owner of the use, the value or the possession thereof without paying to the owner the value thereof. Laws, c. 547, Laws, c. 97, Criminal Trespass Trespassing can have both civil and criminal consequences. 855. (f) The intent to commit a crime therein may be formed prior to the unlawful entry, be concurrent with the unlawful entry or such intent may be formed after the entry while the person remains unlawfully. Unlawful telecommunication device also means: a. Criminal trespass in the second degree. 1, 70 Del. 1, 59 Del. (c) Independent of or in conjunction with an action under subsection (a) of this section, any person who suffers any injury to person, business or property may bring an action for damages against a person who is alleged to have violated any provision of 932-938 or 9616A of this title. Criminal trespass in the first degree is a class A misdemeanor. (a) A person is guilty of health-care fraud when the person knowingly: (1) Presents or causes to be presented any fraudulent health-care claim to any health-care benefit program; or. 21, 70 Del. Sale of transferred recorded sounds; class A misdemeanor. Theft; lost or mislaid property; mistaken delivery. 1, 65 Del. Definitions relating to carjacking [Repealed]. 1, 75 Del. Laws, c. 93, Robbery in the first degree is a class B felony. When the goods, wares or merchandise shoplifted are of the value of less than $1,500, it is a class A misdemeanor. 876. Theft, receiving stolen property no defense; receiving stolen property, theft no defense; conviction of both offenses. 2, 72 Del. (8) Perform any other act which is calculated to harm another person materially with respect to the persons health, safety, business, calling, career, financial condition, reputation or personal relationships. Additional resources provided by the author Criminal Trespass of the 3rd Degree in AZ 12, 60 Del. Issuing a false certificate is a class G felony. 841. Laws, c. 260, (a) In this section, the following words have the meanings indicated: (1) Draft does not include a credit or debit card sales draft. [If lesser-included offenses are included, the Court should instruct on those offenses at this point.] Laws, c. 410, (i) Security device includes any lock, whether mechanical or electronic; or any warning device designed to alert a person or the general public of a possible attempt to gain unlawful entry into or upon premises or a possible attempt to unlock, bypass or otherwise disable a lock. A person commits criminal trespass in the third degree by: (b) Criminal impersonation of a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police is a class E felony, unless during the course of the commission of the crime, or while in immediate flight therefrom, the person or another participant in the crime: (2) Commits a class A felony or class B felony as defined by this title or any sexual offense as defined by 761(i) of this title, in which case it is a class C felony. 1, 73 Del. 2023 Sawyer Legal Group, LLC All Rights Reserved 4, 77 Del. It shall be no defense to a violation of this section that some of the acts constituting the offense occurred outside of this State. Use or possession of electric or electronic incapacitation device. (1) Any broadcaster who, in connection with or as part of a radio, television or cable broadcast transmission, or for the purpose of archival preservation, transfers any such sounds recorded on a sound recording; (2) Any person who transfers such sounds in the home, for personal use, and without compensation for such transfer; (3) Any phonograph record, disc, wire, tape, film or other article upon which sound is recorded where a period of 50 years has transpired since the original fixation of sounds thereon was made by the owner or on the owners behalf. 840A. Refreshed: 2018-06-06 NewYork.Public.Law Laws of 1, 79 Del. b. (3) Structures or assists in structuring, or attempts to structure or assist in structuring, any transaction with one or more financial institutions, including a video lottery facility, foreign or domestic money transmitters or an authorized delegate thereof, check cashers, persons engaged in a trade or business or any other individuals or entities required by state or federal law to file a report regarding currency transactions or suspicious transactions. (2) Assists, abets, solicits or conspires with another to prepare or make any written or oral statement that is intended to be presented to any insurer in connection with, or in support of, any claim for payment or other benefit pursuant to an insurance policy, knowing that such statement contains any false, incomplete or misleading information concerning any fact or thing material to such claim. Laws, c. 345, Laws, c. 211, (6) Property means anything of value except land, and includes things growing on, affixed to or found in land such as topsoil, sand, minerals, gravel and the like, documents although the rights represented thereby have no physical location, contract rights, trade secrets, choses in action and other interests in or claims to admission or transportation tickets, captured or domestic animals, food, drink and electric or other power. A property owner may be able to sue someone who enters their land 1, 59 Del. WebBURGLARY AND CRIMINAL TRESPASS Sec.A30.01.AADEFINITIONS. (2) Health-care fraud is a class D felony if the elements of subsection (a) of this section are met and if: a. (a) A person is guilty of wage theft when the person violates 1102A(a)(1), (a)(4), (a)(5), or (a)(6) of Title 19. Laws, c. 550, Laws, c. 98, (e) Any person gaining money, property services or other consideration through the commission of any offense under this subpart, upon conviction, in lieu of having a fine imposed, may be sentenced by the court to pay an amount, fixed by the court, not to exceed double the amount of the defendants gain from the commission of such offense. Intention and ability to meet obligations as affirmative defense. WebThe (specify) count is Criminal Trespass in the Third Degree. The defendant has previously been convicted under this section; or. a. Laws, c. 93, (a) A person committing any of the crimes described in 932-938 of this title is guilty in the first degree when the damage to or the value of the property or computer services affected exceeds $10,000. Laws, c. 383, (4) Such person obtains possession or control over a vehicle, knowing of the existence of a creditor or creditors who are entitled to receive payments on a debt where such vehicle is the only security or represents the major portion of the creditors security, and such person transfers or purports to transfer the vehicle and responsibility for making payments on such vehicle to a third party, whether or not such third party continues or resumes payment to the creditor or creditors. Home improvement fraud; class B felony; class D felony; class F felony; class G felony, class A misdemeanor. Laws, c. 590, 5, 59 Del. (a) A person is guilty of reckless burning or exploding when the person intentionally starts a fire or causes an explosion, whether on the persons own property or on anothers, and thereby recklessly places a building or other real or personal property of another in danger of destruction or damage or places another person in danger of physical injury. Transferred to 1306 of this title by 83 Del. 849. 7, 75 Del. Criminal trespass in the third degree SECTION 140.05 Trespass Penal (PEN) CHAPTER 40, PART 3, TITLE I, ARTICLE 140 140.05. 8, 77 Del. (2) Any person knowingly pretends to have been a driver of 1 of the vehicles involved in the accident. For purposes of all criminal fines established for violations of this section, the prohibited activity established herein as it applies to each unlawful telecommunication or access device shall be deemed a separate offense. e. As part of a final judgment or decree finding a violation of this section, order the remedial modification or destruction of any unlawful telecommunication or access device involved in the violation that is in the custody or control of the violator or has been impounded under subsection (b) of this section. Wrongful disclosure means any publication that occurs in circumstances in which a protected individual who rents or purchases a videotape has a reasonable expectation of privacy. [email protected]); (17) Receiving address or receiving account means the string used to specify the destination of any electronic mail message (e.g. Laws, c. 425, (c) (1) Except where the victim of any violation of this section is a person 62 years of age or older, unlawful use of a payment card is a class A misdemeanor unless the value of the money, goods, services, or anything of value secured or sought to be secured by means of the payment card is $1,500 or more, in which case it is a class G felony. (f) The filing of a criminal action against a person is not a prerequisite to the bringing of a civil action under this section against such person. 903. 1, 2, 72 Del. 853. 1, 76 Del. Laws, c. 134, (5) Structure or structuring means that a person, acting alone, or in conjunction with, or on behalf of, other persons, conducts or attempts to conduct 1 or more transactions in currency, in any amount, at 1 or more financial institutions, including video lottery facilities, on 1 or more days, in any manner, for the purpose of evading currency transaction reporting requirements provided by state or federal law. 2, 78 Del. 3, 66 Del. (a) A person is guilty of arson in the third degree when the person recklessly damages a building by intentionally starting a fire or causing an explosion. To make, produce or assemble an unlawful telecommunication device or to modify, alter, program or reprogram a telecommunication device to be capable of acquiring, disrupting, receiving, transmitting, decrypting or facilitating the acquisition, disruption, receipt, transmission or decryption of a telecommunication service without the express consent or express authorization of the telecommunication service provider, or to knowingly assist others in those activities. (a) A person is guilty of money laundering when: (1) The person knowingly acquires or maintains an interest in, conceals, possesses, transfers, or transports the proceeds of criminal activity; or, (2) The person knowingly conducts, supervises, or facilitates a transaction involving the proceeds of criminal activity; or, (3) The person knowingly invests, expends, or receives, or offers to invest, expend, or receive the proceeds of criminal activity or funds that the person believes are the proceeds of criminal activity; or, (4) The person knowingly finances or invests or intends to finance or invest funds that the person believes are intended to further the commission of criminal activity; or. Laws, c. 211, A person may be convicted both of burglary and of the offense which it was the purpose of the persons unlawful entry to commit or for an attempt to commit that offense. 907C. Laws, c. 426, (5) Fails to provide that persons own true name, or provides a false name, address or phone number of the business offering said home improvements. (2) A violation of this section constitutes a class G felony if: a. (8) Services include labor, professional service, transportation, telephone, gas, electricity or other public service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions and use of vehicles or other movable property. (9) Data means information of any kind in any form, including computer software. Some of the punishments if convicted of a class 3 misdemeanorcan include up to 1 year of probation, 30 days in jail and/or monetary fines. (2) Dealer means a person in the business of buying, selling or lending on the security of goods. (c) A merchant, a store supervisor, agent or employee of the merchant 18 years of age or older, who has probable cause for believing that a person has intentionally concealed unpurchased merchandise or has committed shoplifting as defined in subsection (a) of this section, may, for the purpose of summoning a law-enforcement officer, take the person into custody and detain the person in a reasonable manner on the premises for a reasonable time. 891. Bribery; class A misdemeanor. b. 1, 65 Del. 4, 69 Del. In any manner includes, but is not limited to, the breaking down into smaller sums of a single sum of currency meeting or exceeding that which is necessary to trigger a currency reporting requirement or the conduct of a transaction, or series of currency transactions, at or below the reporting requirement. To make, produce or assemble an unlawful access device or modify, alter, program or reprogram any instrument, device, machine, equipment, technology or software so that it is capable of defeating or circumventing any technology, device or software used by the provider, owner or licensee of a telecommunication service, or of any data, audio or video programs or transmissions, to protect any such telecommunication, data, audio or video services, programs or transmissions from unauthorized receipt, acquisition, access, decryption, disclosure, communication, transmission or retransmission, or to knowingly assist others in those activities. Burglary in the first degree; class C or B felony. Possession of forgery devices; class G felony. A person is guilty of bribe receiving if: Being an employee, agent or fiduciary and, without the consent of the employer or principal, the person solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the benefit will influence the person to take some action with regard to the employers or principals affairs which would not be warranted upon reasonable consideration of the factors which the person should have taken into account; or, Being a duly appointed representative of a labor organization or a duly appointed trustee or representative of an employee welfare trust fund, the person solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the benefit will influence the person in respect to any of the persons acts, decisions or duties as representative or trustee; or, Being a participant in a sports contest, the person solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the person will thereby be influenced not to give the best effort in a sports contest; or. Phones altered to obtain service without the express consent or express authorization of the telecommunication service provider, tumbler phones, counterfeit or clone phones, tumbler microchips, counterfeit or clone microchips, and other instruments capable of disguising their identity or location or of gaining unauthorized access to a telecommunications system, network or facility operated by a telecommunication service provider; and. 908. Unauthorized use of a vehicle; class A misdemeanor. (3) Videotape distributor means a person who sells or rents videotapes. 14, 15, 77 Del. 1, 60 Del. Health-care fraud; class B felony; class D felony; class G felony. Trespassing with intent to peer or peep into a window or door of another is a class B misdemeanor. (a) A person is guilty of burglary in the first degree when the person knowingly enters or remains unlawfully in an occupied dwelling with intent to commit a crime therein. 846. 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